NSW Henry George Foundation v Director General, NSW Department of Attorney General and Justice [2013] NSWADT 2

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: NSW Henry George Foundation v Director General, NSW Department of Attorney General and Justice [2013] NSWADT 2 Hearing dates: On the papers Decision date: 08 January 2013 Jurisdiction: General Division Before: S Higgins, Deputy President Decision: 1. Other than the information that is the names of the trustees, the decision of the respondent affirmed. 2. Within 28 days of the publication of these reasons for decision, the respondent to provide the access applicant with a copy of the applicant's financial statements for the years 2004 to 2010 with the names of the trustees deleted. 3. Pursuant to paragraph 63(3)(d) of the Administrative Decisions Tribunal Act 1997, the respondent's decision in regard to the information that is the names of the trustees is set aside and remitted for reconsideration by the respondent in accordance with these reasons for decision. Catchwords: Government information - public access application - annual financial statements of a charitable trust - the applicant charitable trust objected to the disclosure of the information to the access applicant - whether the information is government information - whether the applicant charitable trust has established one of the prescribed public interest considerations against disclosure - form of access Legislation Cited: Administrative Decisions Tribunal Act 1997 Copyright Act 1968 (Cth) Freedom of Information Act 1982 (Cth) Freedom of Information Act 1989 (NSW repealed) Government information (Public Access) Act 2009 Privacy Act 1988 (Cth) Cases Cited: Attorney-General's Department v Cockcroft (1986) 10 FCR180 Attorney General for NSW v The NSW Henry George Foundation Ltd [2002] NSWSC 1128 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Hurst v Wagga Wagga City Council [2011] NSWADT 307 McKinnon v Secretary, Department of Treasury [2006] HCA 45 Public Service Association v Premier's Department [2002] NSWADT 277 Re B and Brisbane North Regional Health Authority (1994) QAR 279 Category: Principal judgment Parties: NSW Henry George Foundation (Applicant) Director General, NSW Department of Attorney General and Justice (Respondent) Representation: Dwyer Lawyers (Applicant) Crown Solicitor (Respondent) File Number(s): 123004